States of Jersey Law 2005: delegation of functions – Planning and Environment – revised delegations March 2015.

Scheme of Delegation for the Minister for Planning and Environment March 2015

(with effect from 10th March 2015)

1.  Background

Article 28 of the States of Jersey Law 2005 allows a Minister to delegate any function for which they have responsibility, to an Assistant Minister or an Officer.

The Scheme of Delegation ensures that decisions are made at the appropriate level to ensure the efficient administration of the Minister's duties and responsibilities.

No delegations made prevent the Minister from exercising those functions personally.

2.  Delegations to the Assistant Minister

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates all powers and functions in respect of the Department of the Environment, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Connétable S.W. Pallett of St. Brelade , for any periods when he is unavailable or out of the Island.

3.  Delegations to Officers – Public Finances (Jersey) Law 2005

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers and functions in respect of the Department of the Environment to Officers of the Department, subject to the conditions as stated.

Public Finances (Jersey) Law 2005

Article:

Detail:

Delegated to:

Write off bad debts

For an individual value of less that £25,000 and a combined annual total of less than £200,000.

• Chief Officer, Dept. of the Environment

• Finance Director, Dept. of the Environment

For an individual value of less than £50.

 Finance Officer

Subject to them being reported to the Minister on a quarterly basis with an explanatory report.

Approve the Department's authorised signature schedule and approved expenditure limits conditional upon them being within pre-authorised limits.

• Chief Officer, Dept. of the Environment

• Finance Director, Dept. of the Environment

Article 28

Authorisation  of  non-contentious  budget transfers up to the value of £200,000.

 Chief Officer, Dept. of the Environment

4.  Delegations to Officers – Planning and Building Services Division

In pursuance of Article 28(1) of the States of Jersey Law 2005 the Minister delegates the following powers and functions in respect to the Department of the Environment to officers subject to the conditions as stated.

Planning and Building (Jersey) Law 2002

Article:

Detail:

Delegated to:

Article 71

Immediate  action  to  ensure  safety  of  a building.

This includes powers of entry to carry out any such works.

• Chief Officer, Dept. of the Environment

• Deputy Chief Officer
• Director of Building Control

High Hedges (Jersey) Law 2008

Article:

Detail:

Delegated to:

HIGH HEDGES

Article 6

Determining  whether  a  complainant  has taken  steps  to  resolve  the  situation, whether  the  complaint  is  frivolous  or vexatious,  or  whether  the  complaint  is justified.

• Chief Officer, Dept. of the Environment

• Directors of Planning Development Control and Policy, Projects and the Historic Environment

• Principal Planners

• Senior Planners and Assistant Senior Planners

Article 7

Issuing of a Remedial Notice provided that the owner of the hedge has not made any representation  in  connection  with  the complaint.

Article 9

Withdrawal  of  a  Remedial  Notice  and issuing  of  an  amended  Notice  if appropriate.

CONDITIONS

In deciding an application and any requirement for remedial action in connection with a submission under the High Hedges (Jersey) Law 2008, Authorised Officers may only make a decision when representations have not been received from the owner of the hedge that is the subject of the application.

The Planning Applications Committee do not have any powers to determine High Hedges applications, as neither the States of Jersey Law 2005 nor the High Hedges (Jersey) Law 2008 allow for such a delegation.

5.  Delegations to Officers – Environmental Division

In pursuance of Article 28(1) of the States of Jersey Law 2005, the Minister delegates the following powers and functions in respect of the Department of the Environment to Officers of the Department, subject to the conditions as stated.

Legislation:

Detail:

Delegated to:

Animal Welfare (Jersey) Law 2004

Subordinate

• Animal Welfare (Temporary Licensing Exemptions) (Jersey) Order 2007

• Animal Welfare (Licence Fee) (Jersey) Order 2008

• Animal Welfare (Poisons) (Jersey) Order 2007

• A Law to consolidate and revise the laws promoting  the  welfare  of  animals  and  the prevention of suffering by animals, to regulate the  keeping  and  use  of  animals,  and  for connected purposes.

• The  Law  defines  the  Veterinary  Officer according  to  the  definition  given  under  the Diseases of Animals (Jersey) Law 1956. The Appointed  Veterinary  Officer  (or  their appointed   Deputy  under Part 2,  Article 2  of the 1956 Law) has delegated powers under all Orders and is empowered to perform all duties relating to veterinary matters (Articles 2 to 7).

• Additional delegated powers are requested for appointment; as Inspector is required, in accordance  with  Article 22,  to  carry  out licensing visits or enter premises licensed in accordance with Articles 14 or 15 of the Law.

The  Animal  Welfare  (Jersey)  Law  2004  to restrict the powers of an inspector appointed under  Article 22,  prohibiting  them  from exercising functions in relation to licensing if the licensed activity is also undertaken by the inspector or his/her employers.

• Assistant Minister

• Director of Environment/ Deputy Chief Officer

• Principal Ecologist

For the purposes of administration, inspection and enforcement

• States Veterinary Assistant

• Standby Officers

• Head of Agricultural Inspection

• Agricultural Inspectors

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

 A  Law  to  control  sales  and  leases  of agricultural land.

Delegated powers are requested under –

Article 2 –  The  issuing  of  consents  and permissions on agricultural land at the point of sale or leases using longstanding terms of reference. Decisions not within the terms of reference are referred to the Minister.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• Land and Horticultural Development Manager

• Land Controls and Planning Officer

Legislation:

Detail:

Delegated to:

 Projects and Compliance Officer (for monitoring and enforcement)

Agricultural Marketing (Jersey) Law 1953

Subordinate

• Export of Agricultural Produce (Jersey) Order 1972

• Potatoes (Precautions against Blight) (Jersey) Order 1961

• Export of Flowers (Jersey) Order 1972

• A  Law  to  provide  for  the  control  of  the marketing of agricultural produce by control of  production  and  by  other  means,  to empower the States to approve schemes for this purpose and to provide for other matters incidental thereto.

• Delegated  powers  are  requested  for  the administration,  inspection  and  enforcement for the 3 pieces of subordinate legislation to ensure that export produce adheres to certain standards and that crops are disease-free. This allows Jersey to trade with Europe.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Protection

• Director of Environmental Mgmt. & Rural Economy

For the purposes of administration, inspection and enforcement

• Head of Agricultural Inspection

• Agricultural Inspectors

Animals (Trapping) (Jersey) Law 1961

Subordinate

• Spring Traps (Approval) (Jersey) Order 1996

• Small Ground Vermin Traps (Jersey) Order 1961

 A  Law  to  define  approved  traps  and  to regulate and enforce their appropriate use.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Principal Ecologist

• States Veterinary Officer

Legislation:

Detail:

Delegated to:

Artificial Insemination of Domestic Animals (Jersey) Law 1952

Subordinate

• Artificial Insemination of Domestic Animals (Jersey) Order 2008

• Artificial Insemination of Domestic Animals (Bovine Semen) (Jersey) Order 2008

• Licences to those wishing to collect, store, distribute  or  sell  the  semen  from  any  male domestic animal (Article 2).

• Licences to persons wishing to import (other than  cattle)  or  export  the  embryos,  ova  or semen  of  domestic  animals  and  to  export (including cattle) as above (Article 3).

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

Conservation of Wildlife (Jersey) Law 2000

• A Law to protect scheduled wild animals and birds and their nest or dens from death, damage or disturbance.

Article 16 allows for the licensing of normally prohibited activities under Articles 6, 8, 9, 10, 11 and 15.

Prohibitions:

• 6 –  Relating  to  dens  and  nests,  etc.  of protected  wild  animals  and  protected  wild birds

• 8 – Keeping, etc. of protected wild animals and protected wild birds

• 9 – Certain methods of killing or taking wild birds

• 10 – Certain methods of killing or taking wild  animals  (no  licences  have  ever  been issued for 9 and 10)

• 11 –  Export  of  certain  reptiles  and amphibians

• 15 –  Release,  etc.  of  imported  species

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• Principal Ecologist

For the purposes of enforcement

• Natural Environment Officer

Legislation:

Detail:

Delegated to:

(specifically  includes  pheasants  and partridges)

Licences may only be issued if the thing to be done is for scientific, research or educational purposes  (e.g. ringing,  marking,  tracking); preserving  public  health  or  public  or  air safety;  the  re-introduction  of  a  species,  the purpose of conservation or the prevention of the  spread  of  diseases,  preventing  serious damage to livestock and crops, AND

there  is  no  other  satisfactory  solution  and that anything Authorised by the licence will not  be  detrimental  to  the  survival  of  the population concerned'.

Delegated powers are also required under Article 18  for  enforcement  activities (Article 18)

 Research Ecologist

Dangerous Wild Animals (Jersey) Law 1999

This Law provides a licensing requirement to keep a scheduled animal (Article 3).

Administration of this Law is delegated to the States Veterinary Officer who will seek advice at his/her discretion.

(Note: Only one licence has been issued under the Law.)

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment / Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

Legislation:

Detail:

Delegated to:

Diseases of Animals (Jersey) Law 1956

Subordinate

• Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958

• Diseases of Animals (Importation of Live Fish) (Jersey) Order 1984

• Importation of Equine Animals (Jersey) Order 1958

• Importation of Equine Animals (African Horse Sickness) (Prohibition) (Jersey) Order 1961

• Diseases of Animals (Miscellaneous Provisions) (Jersey) Order 1958

• Diseases of Animals (Waste Foods) (Jersey) Order 1958

• Diseases of Animals (Pigs, Goats and Sheep Registration, Identification and Movement) (Jersey) Order 2007

• The  Appointed  Veterinary  Officer  (under Part 2,  Article 2  of  the  Law)  has  delegated powers under all Orders and is empowered to perform  all  duties  relating  to  veterinary matters (Articles 2 to 7).

• Licences are issued under delegated powers.

• The Minister is advised of the outbreak of any notifiable disease.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment / Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

For the purposes of enforcement/ inspection to report information to SVO

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

• Standby Officers

• Director of Environmental Protection

• Dairy and Livestock Adviser

• Horticultural Adviser

• Principal Ecologist

• Head of Plant Health

• Laboratory Manager

Legislation:

Detail:

Delegated to:

• Diseases of Animals (Rabies) (Importation of Mammals) (Jersey) Order 2011

• Diseases of Animals (Non- Rabies) (Importation of Mammals) (Jersey) Order 2011

• Diseases of Animals (Importation of Miscellaneous Goods and Animals) (Jersey) Order 2012

• Diseases of Animals (Bees) (Jersey) Order 2013

Notifiable Disease Orders

• Anthrax (Jersey) Order 1958

• Aujeszky's Disease (Jersey) Order 1984

• Diseases of Animals (Avian Influenza) (Jersey) Order 2005

• Diseases of Animals (Bluetongue) (Jersey) Order 2006

• Bovine Spongiform Encephalopathy (Jersey) Order 1988

Legislation:

Detail:

Delegated to:

• Cattle Plague (Jersey) Order 1958

• Contagious Abortion (Jersey) Order 1958

• Enzootic Bovine Leucosis Disease (Jersey) Order 1984

• Epizootic Lymphangitis (Jersey) Order 1958

• Foot-and-Mouth Disease (Jersey) Order 1958

• Fowl Pest (Jersey) Order 1958

• Fowl Typhoid (Jersey) Order 1959

• Glanders or Farcy (Jersey) Order 1958

• Diseases of Animals (Infectious Bovine Rhinotracheitis) (Jersey) Order 2012

• Virus Hepatitis (Jersey) Order 1958

• Parasitic Mange (Jersey) Order 1958

• Pleuro-Pneumonia (Jersey) Order 1958

• Psittacosis (Jersey) Order 1958

Legislation:

Detail:

Delegated to:

• Rabies (Control) (Jersey) Order 1976

• Sheep-Pox (Jersey) Order 1958

• Sheep Scab (Jersey) Order 1958

• Swine Fever (Jersey) Order 1958

• Swine Vesicular Disease (Jersey) Order 1974

• Teschen Disease (Jersey) Order 1975

• Tuberculosis (Jersey) Order 1958

• Warble Fly (Jersey) Order 1984

European Communities Legislation (Implementation) (Jersey) Law 1996

Subordinate

• Fish Health (Jersey) Regulations 1999

• Community Provisions (Mortality in Oysters) (Jersey) Regulations 2010

• To ensure the health of aquaculture animals and aquaculture products in order to prevent the spread of disease.

• Regulation, enforcement and inspections are carried  out  by  States  Veterinary  Officer  or his/her assistants.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

Legislation:

Detail:

Delegated to:

• Head of Agricultural Inspection

• Agricultural Inspectors

• Standby Officers

• Sea Fisheries Officers

 Community Provisions (Animal Feeding) (Jersey) Regulations 2005

• Regulations  to  ensure  the  prevention, control  and  eradication  of  certain transmissible spongiform encephalopathies.

• Inspections and enforcement are carried out by  States  Veterinary  Officer  or  his/her assistants.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

 European Communities Legislation (Bluetongue) (Jersey) Regulations 2008

• Regulate  the  controls,  monitoring, surveillance and restrictions on movements of certain  animals  of  susceptible  species  in relation to bluetongue.

• Inspections and enforcement are carried out by  States  Veterinary  Officer  or  his/her assistants.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

Legislation:

Detail:

Delegated to:

• Director of Environmental Mgmt. & Rural Economy

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Standby Officers

• Head of Agricultural Inspection

• Agricultural Inspectors

• Dairy and Livestock Adviser

 Community Provisions (Bovine Embryos) (Jersey) Regulations 2010

• Regulates the trade in bovine embryos with Member States and controls the importation of  bovine  embryos  from  third  countries. Approves embryo collection teams, including laboratories,  embryo  production  teams  and storage facilities for trade.

• Inspections and enforcement are carried out by  States  Veterinary  Officer  or  his/her assistants.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• States Veterinary Officer

Legislation:

Detail:

Delegated to:

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

 Pet Travel Scheme (Jersey) Regulations 2011

• Regulates  the  movement  of  pet  animals arriving  from  outside  the  British  Islands entering Jersey from a member State or a third country.

• Inspections and enforcement are carried out by  States  Veterinary  Officer  or  his/her assistants.

• Assistant Minister

• Director of Environment/ Deputy Chief Officer

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

• Standby Officers

Legislation:

Detail:

Delegated to:

 Community Provisions (Welfare of Animals during Transport) (Jersey) Regulations 2013

The object of these Regulations is to ensure the  application  and  implementation  of  two European Council Regulations that deal with the welfare of animals when they are being transported.

Those Regulations are –

Council  Regulation  (EC)  No 1/2005  and Council Regulation (EC) No 1255/97 which harmonise applicable animal welfare controls as  well  as  preventing  the  occurrence  and spread  of  infectious  animal  diseases.  These Regulations  put  in  place  more  stringent requirements than previously, so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

• Standby Officers

Fertilisers and Feeding Stuffs (Jersey) Law 1950

Subordinate

 Fertilizers and Feeding Stuffs (Jersey) Order 1972

A Law to make provision with respect to the sale  of  fertilizers  and  feeding  stuffs  in  the Island and their contents which must not have animal extracts within them.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

Legislation:

Detail:

Delegated to:

• States Veterinary Officer

For the purposes of enforcement/ inspection

• States Veterinary Assistant

• Head of Agricultural Inspection

• Agricultural Inspectors

Food and Environment Protection Act 1985 (Jersey) Order 1987

• To authorize the issue of licences for the deposit of substances at sea (Article 5 of 1987 Order),  e.g. dredge  spoil  from  maintenance dredging of the harbours, burials at sea.

• Detailed protocols establish the procedures and fees for each class of deposit, together with lists of compulsory consultees.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

Pesticides (Jersey) Law 1991

Subordinate

• Pesticides (Maximum Residue Levels in Food) (Jersey) Order 1991

• Pesticides (General Provisions) (Jersey) Order 1991

• To regulate the use of pesticides.

• Delegated  powers  are  requested  for Article 4,  which  outlines  the  enforcement provisions.

• Assistant Minister

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• Director, Environmental Protection

For the purposes of enforcement

• Head of Agricultural Inspection

Legislation:

Detail:

Delegated to:

• Agricultural Inspectors

• Head of Water Resources

• Environmental Protection Officers

Planning and Building (Jersey) Law 2002

• Permission  to  carry  out  activities  on  SSI land (Article 55), e.g. permission for the T.A. to carry out exercises, utilities maintenance, etc.

• Permission to allow use of public land by Clubs  and  Associations,  e.g. by  the  Jersey Rifle Club, who close Les Landes SSI 6 times annually for firing purposes.

• Provisional  listing  (for 3 months  only)  of SSIs under Article 53 in the case of extreme threat to an area of SSI quality.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• Principal Ecologist

• Senior Natural Environment Officer

Plant Health (Jersey) Law 2003

Subordinate

• Stem and Bulb Eelworm (Jersey) Order 1971

• Blight Disease (Jersey) Order 1982

• Plant Health (Jersey) Order 2005

• Issuance of plant passports – Article 18 of the Plant Health Order.

• Registration  of  growers,  propagators  or traders (Article 19 of the Plant Health Order) and keeping of the register (Article 20 of the Plant Health Order).

• Delegated  powers  are  requested  for inspection  and  enforcement  functions  under Articles 24–31 of the Plant Health Order.

• Issuance of licences – Article 34 of the Plant Health Order.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• Director of Environmental Protection

• Plant Pathologist

Legislation:

Detail:

Delegated to:

• Entomologist

For the purposes of enforcement/ inspection

• Head of Agricultural Inspection

• Agricultural Inspectors

Protection of Agricultural Land (Jersey) Law 1964

• This Law aims to protect the spoilation' of agricultural land from contamination, neglect the removal of surface soil or any misuse.

• Under  Article 4(2),  consents  and permissions  can  be  issued  for  prohibited activities  to  be  carried  out  on  agricultural land.

• For  the  purposes  of  inspection  and enforcement,  delegated  powers  of  entry  are requested  (Article 3)  as  are  the  powers  to obtain information (Article 5).

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director of Environmental Mgmt. & Rural Economy

• Horticultural Adviser

• Statutory Services Officer

• Principal Ecologist

• Land and Horticultural Development Manager

• Land Controls and Planning Officer.

For the purposes of enforcement/ inspection/obtain information

• Head of Agricultural Inspection

Legislation:

Detail:

Delegated to:

• Agricultural Inspectors

• Projects and Compliance Officer

Slaughter of Animals (Jersey) Law 1962

• The SVO issues slaughterers' licences under delegated powers (Article 4).

• The  slaughterhouse  is  supervised  by  the Superintendent (Article 2).

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• States Veterinary Officer

Waste Management (Jersey) Law 2005

• A Law to:

1. Control  the  transboundary  shipment  of wastes to, from, and through Jersey.

2. Control the movements of hazardous and healthcare wastes in Jersey.

3. Allow  for  the  licensing  of  waste management facilities and the registration of certain carriers in Jersey.

• All administration of:

Part1 – INTRODUCTORY PROVISIONS (Articles 1 to 9)

Part 2 – ADMINISTRATION (Articles 10 to 22)

Part 3 – WASTE MANAGEMENT WITHIN THE ISLAND

• Licensing of Operations (Articles 23 to 37)

• Registration of Waste Carriers (Articles 38 to 48)

• Internal Movements (Articles 49 to 52)
• Other Provisions (Articles 53 to 56).

• Assistant Minister

• Chief Officer, Planning and Environment

• Director of Environment/ Deputy Chief Officer

• Director, Environmental Protection

• Head of Waste Regulation

In addition for enforcement (Part 5)

• Head of Water Resources

• Environmental Protection Officers

• Hydrogeologist

Legislation:

Detail:

Delegated to:

Part 4 – TRANSBOUNDARY MOVEMENTS OF WASTE

• Introductory Provisions (Articles 57 to 63)
• Export of Waste (Articles 64 to 67)
• Import of Waste (Articles 68 to 69)
• Waste in Transit (Articles 70 to 71)
• Illegal Traffic (Articles 72 to 75)
• Other Provisions (Articles 76 to 81)

Part 5 – ENFORCEMENT (Articles 82 to 93)

Part 6 – OTHER PROVISIONS (Articles 94 to 113)

Any further responsibilities under Schedules 1 to 11.

• Environmental Protection Technician

• Head of Agricultural Inspection

• Agricultural Inspectors

Water Pollution (Jersey) Law 2000

A Law to provide for the control of pollution in  Jersey  waters,  and  the  implementing  of provisions  of  the  Convention  for  the Protection of the Marine Environment of the North-East Atlantic; the monitoring and the classification of waters; the setting of quality objectives  for  classified  waters; administrative,  regulatory,  preventive  and remedial measures; and related purposes.

• Delegated  powers  are  requested  for  the issuance  of  discharge  permits  and  the publishing of notices and consultation before considering applications relating to Discharge Permits (Article 10).

• Special regard to the issuance of discharge permits  will  be  given  relating  to  high  risk substances (Article 19(1)).

• Consideration  of  Discharge  Permits (Article 21).

• Conditions  attached  to  Discharge  permits (Article 22).

• Procedure  for  varying  or  revoking Discharge Permits (Article 23).

• Procedure  for  suspension  of  Discharge Permits (Article 24).

• Consideration  of  transfer  of  Discharge permits (Article 25).

• Procedure  for  notification  of  decisions

• Assistant Minister

• Director of Environment/ Deputy Chief Officer

• Director, Environmental Protection

• Head of Water Resources

In addition for enforcement (Article 29)

• Environmental Protection Officers

• Head of Waste Regulation

• Hydrogeologist

• Environmental Protection Technician

• Head of Agricultural Inspection

Legislation:

Detail:

Delegated to:

relating to Discharge Permits (Article 27; with the exception of paragraph (1)(c)).

Delegated  powers  are  requested  for  the purposes  of  enforcement  (under  Article 29) and –

• Access  to  documents  relevant  to  Law (Article 34);

• Requirement to produce information relating to potentially polluting matter (Article 35);

• Requirement for precautions to be taken to prevent pollution (Article 36);

• Requirement for polluters to eliminate and remediate pollution (Article 37);

• The procedure to be adopted in respect of Articles 36–37 (Article 38);

• Ability of the Department to take remedial action  in  respect  of  Articles  36  and  37 (Article 39(1));

• Transitional  provisions  in  respect  of Discharge Permits (Schedule 5).

• Agricultural Inspectors

• Marine and Coastal Manager

• Assistant Director, Marine Resources

• Marine Scientist

Water (Jersey) Law 1972

• Jersey  Water  must  provide  wholesome water' (Article 9).

• Enforcement of standards are performed by officers.

• Assistant Minister

• Chief Officer, Dept. of the Environment

• Director of Environment/ Deputy Chief Officer

• Director Environmental Protection

• Head of Water Resources

For the purposes of enforcement

• Environmental Protection Officer

Legislation:

Detail:

Delegated to:

Weeds (Jersey) Law 1961

• A  Law  to  provide  for  preventing  the spreading of injurious weeds.

• Delegated  powers  are  requested  for enforcement  activities  to  prevent  the spreading  of  injurious  weeds  (Article 2) performed by the Inspectorate.

• Assistant Minister

• Director of Environment/ Deputy Chief Officer

• Director, Environmental Protection

• Head of Agricultural Inspection

For the purposes of enforcement

• Agricultural Inspectors

Water Resources (Jersey) Law 2007

 A  Law  to  provide  for  the  protection, management  and  regulation  of  water resources  in  Jersey;  the  promotion  of  the conservation of the fauna and flora that are dependent on inland waters and of the habitats of such fauna and flora to the extent that those habitats are themselves dependent on inland waters; the conservation and enhancement of the  natural  beauty  and  amenity  of  inland waters; and for related purposes.

• Assistant Minister

• Director of Environment/ Deputy Chief Officer

• Director, Environmental Protection

• Head of Water Resources

• Hydrogeologist

For the purposes of enforcement

• Environmental Protection Officers

• Environmental Protection Technician

• Head of Agricultural Inspection

• Agricultural Inspectors

Endangered Species (CITES) (Jersey) Law 2012

Article:

Detail:

Delegated to:

Article 6(1)

• A Law to regulate the trade in certain animal and plant species that are or may be in danger of  extinction,  and  to  ensure  the implementation  of  the  Convention  on  the International  Trade  in  Endangered  Species (CITES), and for connected purposes.

• The Law prescribes a number of functions to the Management Authority under Articles 7, 8 and 12 to 30 connected to the permitting, licencing and reporting of the import, export and  re-export  of  listed  species  or  their derivatives as well as the registration of local commercial  breeding  and  trade  operations. The Management Authority is also required to co-operate  with  recognized  management authorities  in  the  implementation  and enforcement of legislation, in Jersey and in other  countries  or  territories,  relating  to species conservation.

NOTE: for the purposes of enforcement/ inspection, the Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012, Article 3 already appoints additional officers to those appointed under

Article 11(1) of the Law,

as follows:

• Director of Environmental Policy

• An Inspector within the meaning of the Diseases of Animals (Jersey) Law 1956

SUBORDINATE LEGISLATION

Endangered Species (CITES) (Designation and Appointment) (Jersey) Order 2012

Article:

Detail:

Delegated to:

Article 2

• Pursuant  to  Article 9(1)  of  the  Law,  the Minister  for  Planning  and  Environment  is designated as the Scientific Authority.

• The Law prescribes a number of powers and functions  of  the  Scientific  Authority  in Article 10  in  relation  to  advising  the Management Authority of decisions in respect of the issuance of permits for import, export or re-export of listed specimens or derivatives.

• Director of Environmental Policy

• Director of Environment/ Deputy Chief Officer